CONSERVATIVE DRUG PLAN SEEMS STRANGELY LIBERAL

SANTA FE, N.M. -- When he first proposed radical changes to his state's
drug laws almost 18 months ago, Gov. Gary Johnson of New Mexico was
viewed by many New Mexicans as something of an oddity.

Here was this otherwise conservative Republican borrowing a hefty page
from the left-wing playbook, urging that possession laws be liberalized,
that drug users get rehabilitation rather than prison terms, that
pharmacies be allowed to provide syringes to addicts.

Now, after his relentless campaign to treat drug abuse as a public
health issue rather than as a criminal justice matter, Johnson stands a
chance to see his vision fulfilled.

Eight bills that reflect his positions on drug policy are making their
way through the New Mexico Legislature. California, New York and dozens
of other states have passed some of the same ideas into law, and others
have taken effect through ballot proposals.

But experts on drug policy say no other state in recent years has
considered so many legislative changes at once, putting New Mexico at
the forefront of a policy shift that many state politicians once
considered outrageous, even dangerous.

"None of these measures, by itself, is radical," said Ethan Nadelmann,
executive director of the Lindesmith Center, a leading national
organization for overhauling drug policy. "But as a package, they are a
leap forward."

Johnson, who has made drug-law changes a hallmark of his second and
final four-year term, said he was ecstatic about the effects of his
efforts. "A year ago, I wouldn't have dreamed this drug package would
have generated so much support," he said in an interview in his office
here, citing public response that he said was running 20-1 in favor. "I
don't think it is out of bounds to believe that all eight pieces have a
chance to pass."

His approach to solving drug problems, he said, reflects a traditional
cost-benefit analysis that any fiscal conservative would take. At the
same time it represents a major break from the usual mode of attack in
the nation's so-called war on drugs, which has directed the power of law
enforcement against both suppliers and users.

In arguing that those efforts have produced only limited success,
Johnson has become one of nation's highest elected officials to advocate
alternative means to reduce drug abuse and spare taxpayers the enormous
costs of prosecuting low-level drug offenders and filling prisons with
them.

Last May, Johnson appointed a panel of prominent officials that included
a federal judge in Colorado to evaluate New Mexico's drug policies and
recommend changes. Their report was the basis for the proposed
legislation.

No other states have embraced such a comprehensive approach, and
Attorney General John Ashcroft has said the Bush administration will
pursue a strict approach to drug crimes without indicating much
willingness to consider the many changes Johnson is pushing.

But that has not dampened Johnson's enthusiasm. "I've talked to Bush
twice about this," Johnson said proudly. "So far, he hasn't dismissed
me."

Here in the Legislature, the climate for a new direction appears warmer.
The lobbyists representing the governor -- one to work Republican
lawmakers, another for Democrats -- predicted that as many as five,
perhaps six of the measures were likely to pass before the session ended
next month.

The lobbyists -- Mickey Barnett, a senior Republican Party official, and
Toney Anaya, a former Democratic governor -- said two bills were
virtually certain to pass.

One, known as the Medical Marijuana Law, would exempt from prosecution
anyone who uses "a reasonable supply" of marijuana to ease the pain of
certain illnesses. Eight states and the District of Columbia have passed
similar measures, and about 15 other states are considering the idea.

The other safe bet is a bill that would require that an offender be
convicted before any assets could be confiscated, a measure similar to
one passed by Congress last year and by Oregon and Utah through ballot
initiatives.

Three more measures, the lobbyists said, have a good chance to pass.
They include a bill that would protect pharmacists from criminal
prosecution for selling clean syringes to drug users, a law in about 40
other states. Another would follow many other states in adding money for
drug treatment, prevention and education programs to be used as local
officials deem appropriate. The measure would nearly double, to $24
million, the money available, and officials estimate that as many as
33,000 people would be helped, an increase of more than 25 percent.

A third bill, which has gained little traction elsewhere, would provide
immunity from prosecution for anyone who administers prescription drugs
known as "opioid antagonists" to reverse the effects of a heroin or
opium overdose.

The lobbyists said that the remaining measures would be the hardest to
sell.

One would resemble new laws in California, New York and other states to
provide treatment rather than incarceration for first- and second-time
offenders involved with small amounts of drugs. Another would
decriminalize possession of one ounce of marijuana, as 10 other states
have.

A third would allow judges to deviate from sentencing guidelines. A
handful of other states, including New York, are considering such a
measure.

Johnson's efforts have raised his profile considerably -- but not so
much, he said with a laugh, that Bush might consider appointing him as
the nation's drug czar.

"Not me," Johnson said, conceding that his positions might frighten as
many people as they impress. "On this issue, I am radioactive."